PRIOR PRINTER'S NOS. 1029, 4021, 4171 PRINTER'S NO. 4190
No. 873 Session of 2003
INTRODUCED BY GEIST, STERN, CAPPELLI, CIVERA, CREIGHTON,
FRANKEL, HARHAI, HERSHEY, HESS, HORSEY, LaGROTTA, MANN,
MARSICO, SATHER, E. Z. TAYLOR, THOMAS, WATSON, WOJNAROSKI,
MAHER AND HARPER, MARCH 13, 2003
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 28, 2004
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for suspension of operating
3 privilege and for careless driving.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 1532(b)(1) 1532(B), 1535(a) and 3714 of <--
7 Title 75 of the Pennsylvania Consolidated Statutes are amended
8 to read:
9 § 1532. Suspension of operating privilege.
10 * * *
11 (b) Suspension.--
12 (1) The department shall suspend the operating privilege
13 of any driver for six months upon receiving a certified
14 record of the driver's conviction of or an adjudication of
15 delinquency based on any offense under the following
16 provisions:
17 Section 3367 (relating to racing on highways).
1 Section 3714(b) (relating to careless driving).
2 Section 3734 (relating to driving without lights to
3 avoid identification or arrest).
4 Section 3736 (relating to reckless driving).
5 Section 3743 (relating to accidents involving damage
6 to attended vehicle or property).
7 * * * <--
8 (2) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE <--
9 OF ANY DRIVER FOR SIX MONTHS UPON RECEIVING A CERTIFIED
10 RECORD OF THE DRIVER'S CONVICTION OF A SUBSEQUENT OFFENSE
11 UNDER SECTION 1501(A) (RELATING TO DRIVERS REQUIRED TO BE
12 LICENSED) IF THE PRIOR OFFENSE OCCURRED WITHIN FIVE YEARS OF
13 THE VIOLATION DATE OF THE SUBSEQUENT OFFENSE.
14 (3) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
15 OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD
16 OF THE DRIVER'S CONVICTION OF SECTION 3733 (RELATING TO
17 FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER) OR A
18 SUBSTANTIALLY SIMILAR OFFENSE REPORTED TO THE DEPARTMENT
19 UNDER ARTICLE III OF SECTION 1581 (RELATING TO DRIVER'S
20 LICENSE COMPACT), OR AN ADJUDICATION OF DELINQUENCY BASED ON
21 SECTION 3733. THE DEPARTMENT SHALL SUSPEND THE OPERATING
22 PRIVILEGE OF ANY DRIVER FOR SIX MONTHS UPON RECEIVING A
23 CERTIFIED RECORD OF A CONSENT DECREE GRANTED UNDER 42 PA.C.S.
24 CH. 63 (RELATING TO JUVENILE MATTERS) BASED ON SECTION 3733.
25 (4) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
26 OF ANY DRIVER FOR THREE MONTHS UPON RECEIVING A CERTIFIED
27 RECORD OF THE DRIVER'S CONVICTION OF SECTION 1371 (RELATING
28 TO OPERATION FOLLOWING SUSPENSION OF REGISTRATION) OR 3718
29 (RELATING TO MINOR PROHIBITED FROM OPERATING WITH ANY ALCOHOL
30 IN SYSTEM) OR AN ADJUDICATION OF DELINQUENCY BASED ON SECTION
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1 1371.
2 (5) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
3 OF ANY DRIVER FOR THREE MONTHS UPON RECEIVING A CERTIFIED
4 RECORD OF THE DRIVER'S CONVICTION OF OR AN ADJUDICATION OF
5 DELINQUENCY BASED ON SECTION 3714(C).
6 * * *
7 § 1535. Schedule of convictions and points.
8 (a) General rule.--A point system for driver education and
9 control is hereby established which is related to other
10 provisions for use, suspension and revocation of the operating
11 privilege as specified under this title. Every driver licensed
12 in this Commonwealth who is convicted of any of the following
13 offenses shall be assessed points as of the date of violation in
14 accordance with the following schedule:
15 Section Number Offense Points
16 1512 Violation of restriction on
17 driver's license. 2
18 1571 Violation concerning license. 3
19 3102 Failure to obey policeman or
20 authorized person. 2
21 3112(a)(3)(i) or Failure to stop for a red light. 3
22 (ii)
23 3114(a)(1) Failure to stop for a flashing
24 red light. 3
25 3302 Failure to yield half of roadway
26 to oncoming vehicle. 3
27 3303 Improper passing. 3
28 3304 Other improper passing. 3
29 3305 Other improper passing. 3
30 3306(a)(1) Other improper passing. 4
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1 3306(a)(2) Other improper passing. 3
2 3306(a)(3) Other improper passing. 3
3 3307 Other improper passing. 3
4 3310 Following too closely. 3
5 3321 Failure to yield to driver on the
6 right at intersection. 3
7 3322 Failure to yield to oncoming
8 driver when making left turn. 3
9 3323(b) Failure to stop for stop sign. 3
10 3323(c) Failure to yield at yield sign. 3
11 3324 Failure to yield when entering or
12 crossing roadway between inter-
13 sections. 3
14 3332 Improper turning around. 3
15 3341(a) Failure to obey signal indicating
16 approach of train. 2
17 3341(b) Failure to comply with crossing
18 gate or barrier. 4
19 (and 30 days' suspension)
20 3342(b) or (e) Failure to stop at railroad
21 crossings. 4
22 3344 Failure to stop when entering from
23 alley, driveway or building. 3
24 3345(a) Failure to stop for school bus
25 with flashing red lights. 5
26 (and 60 days' suspension)
27 3361 Driving too fast for conditions. 2
28 3362 Exceeding maximum speed.--Over Limit:
29 6-10 2
30 11-15 3
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1 16-25 4
2 26-30 5
3 31-over 5
4 (and departmental hearing
5 and sanctions provided
6 under section 1538(d))
7 3365(b) Exceeding special speed limit
8 in school zone. 3
9 3365(c) Exceeding special speed limit
10 for trucks on downgrades. 3
11 3542(a) Failure to yield to pedestrian in
12 crosswalk. 2
13 3547 Failure to yield to pedestrian on
14 sidewalk. 3
15 3549(a) Failure to yield to blind
16 pedestrian. 3
17 3702 Improper backing. 3
18 [3714] 3714(a) Careless driving. 3
19 3745 Leaving scene of accident
20 involving property damage only. 4
21 * * *
22 § 3714. Careless driving.
23 (a) General rule.--Any person who drives a vehicle in
24 careless disregard for the safety of persons or property is
25 guilty of careless driving, a summary offense.
26 (b) Unintentional death.--If the person who violates this
27 section unintentionally causes the death of another person as a
28 result of the violation, the person shall, upon conviction, be
29 sentenced to pay a fine of $500.
30 (C) SERIOUS BODILY INJURY.--IF THE PERSON WHO VIOLATES THIS <--
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1 SECTION UNINTENTIONALLY CAUSES THE SERIOUS BODILY INJURY OF
2 ANOTHER PERSON AS A RESULT OF THE VIOLATION, THE PERSON SHALL,
3 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $250.
4 (D) DEFINITION.--AS USED IN THIS SECTION, "SERIOUS BODILY
5 INJURY" MEANS ANY BODILY INJURY WHICH CREATES A SUBSTANTIAL RISK
6 OF DEATH OR WHICH CAUSES SERIOUS, PERMANENT DISFIGUREMENT OR
7 PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY BODILY
8 MEMBER OR ORGAN.
9 Section 2. This act shall take effect in 60 days.
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